https://www.taxtmi.com/caselaws?id=124499 Duty-free capital goods imported or procured for an export-oriented unit were treated as eligible for destruction under Notification No. 133/94 where there was no diversion, irregular import, or use outside the intended manufacturing activity and the failure was bona fide. Paragraph 7(ii) was read as permitting destruction of goods within the zone and as barring levy of customs duty in such a situation, subject to customs satisfaction. The accompanying Board circular was understood to treat the procedural requirements as non-substantive. On that basis, the demand of duty and consequential penalties under the Customs Act and Central Excise Rules could not be sustained. en-us Mon, 24 Nov 2008 00:00:00 +0530 Mon, 01 Oct 2012 11:26:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124499 Duty-free capital goods imported or procured for an export-oriented unit were treated as eligible for destruction under Notification No. 133/94 where there was no diversion, irregular import, or use outside the intended manufacturing activity and the failure was bona fide. Paragraph 7(ii) was read as permitting destruction of goods within the zone and as barring levy of customs duty in such a situation, subject to customs satisfaction. The accompanying Board circular was understood to treat the procedural requirements as non-substantive. On that basis, the demand of duty and consequential penalties under the Customs Act and Central Excise Rules could not be sustained. Case-Laws Customs Mon, 24 Nov 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124499